1.1. The present General Terms and Conditions of Sales are applied to the purchase of products (hereinafter called “Products”) offered for sale on the www.weareshoe.com website (hereinafter called “Site”). The Site, owned by FREE SRL, VIA PALATUCCI 7 (interno 4), 47122 FORLI’ (FC), ITALIA (hereinafter called “Owner”), is managed by the very same FREE SRL company (hereinafter called “Vendor). 1.2. The present General Terms and Conditions of Sales shall apply to the relationship between the Vendor and the Site user who purchases one or more Products for any use other than the ones referred to her/his entrepreneurial, commercial or professional activity (hereinafter called “Consumer”). Vendor and Consumer will hereinafter be jointly to be called “Parties”. 1.3. The Site owner is not to be considered a Party involved with the present General Terms and Conditions of Sales. 1.4. Vendor sells the Products through the Owner’s Site 1.5. The Vendor holds the rights to the Site domain, logos and trademarks related to the Products 1.6. Any communication from the Consumer related to the purchasing of the Products – including any reports, complaints, requests concerning the purchasing and/or the delivery of the Products etc. – must be addressed to the Vendor as instructed on the Site 1.7. The General Terms and Conditions of Sale apply to every single purchase, according to their version published on the Site at the time the Consumer places the order. 1.8. The Site is focused on retail activities, so its use is solely intended to be used by Consumers. Users who are not Consumers are invited to not place orders. If any non-Consumer user places one or more orders, General Terms and Conditions of Sales shall apply but, notwithstanding the provisions hereof i) the purchaser will not be given the right of withdrawal referred to in Article 10; the purchaser shall not have the benefit of the guarantee on the Products referred to in article 8; the purchaser will not be given any other safeguards, envisaged herein in favour of the Consumer, that reflect or comply with mandatory provisions of law; the sale agreement between Vendor and the purchaser will be governed by and construed and enforced in accordance with Italian laws, with the exclusion of the 1980 Vienna Convention on the International Sales of Goods. 1.9. Concurrently with the Purchase Order, the Consumer accepts that the information related to the order she/he submitted via the Site and the present General Terms and Conditions of Sales will be sent to her/him by e-mail to the e-mail address she/he indicated during registration process on the Site or during the purchasing process. 1.10. The purchase of the Products through the Site is solely allowed to subjects of legal age (18 years old or older) and contractually capable. By proceeding with the purchase, the Consumer declares and guaranteed under her/his own responsibility to possess the aforementioned characteristic.
2. PRODUCT CHARACTERISTICS & TERMS OF SALE
2.1. The Products are sold accordingly with the characteristics and by the General Terms and Conditions of Sales published on the Site when the Consumer placed the order, with the exclusion of any other condition or term. 2.2. Vendor reserves the right to change these conditions of these General Terms and Conditions of Sales at any time, at its own discretion, with no need to inform the users of the Site. Any change will be effective starting from the date when it is published on the Site and it will be exclusively applied to the sales concluded from that date on. 2.3. Prices, Products for sale on the Site and/or these Products’ characteristics can change without notice. Before sending the Purchase Order in accordance with the following point 3, the Consumer is invited to verify the sale price. 2.4. The Site is worldwide accessible. However, Products for sale on the Site can be purchased exclusively from the States listed on the Site
3. EXECUTION OF THE PURCHASE AGREEMENT
3.1. The presentation of the Products on the Site, which is not binding for the Vendor, represents a mere invitation to the consumer to make a contractual offer of purchase and not an offer to the public. 3.2. The Purchase Order transmitted by the Consumer to the Vendor through the Site is to be considered as a contractual offer and is governed by these General Terms and Conditions of Sales, which are to be considered as an integral part of the order and which the Consumer, through the transmission of the order to the Vendor, must accept fully and without reservation. Before purchasing the Products, by submitting the purchase order, the Consumer will be asked to carefully read these general terms and conditions of sale and the information on the right of withdrawal, print a copy using the print command and save or reproduce a copy for his/her own personal use. 3.3. The Vendor accepts the Consumer’s Purchase Order by sending the Consumer a confirmation of the order via e-mail, to the e-mail address provided by the Consumer during the registration process on the Site or during the purchasing process if she/he is not registered on the Site, and which will contain a link to the text of these general terms and conditions of sale, a summary of the order placed and a description of the characteristics of the Product ordered. The Consumer’s order, the Vendor’s order confirmation and the General Terms and Conditions of Sales applicable to the relationship between the Parties will be stored electronically by the Seller in its computer system and the Consumer may ask for a copy by sending her/his request via e-mail to the email@example.com e-mail address. 3.4. Any single Products’ purchase agreement shall be deemed finalised as soon as the Consumer receives the order confirmation from the Vendor by e-mail.
4. SELECTION AND PURCHASE OF THE PRODUCTS
4.1. The Consumer can purchase the Products from the Site by selecting the Products of her/his interest and placing them in the online shopping cart. Once the Products have been selected, in order to purchase the items placed in the shopping cart, the Consumer must (i) register with the Site, by providing the requested information, or (ii) directly log in, if the she/he is already registered or (iii) provide his/her details in order to complete the order and allow the Contract to be executed. By accessing the order summary, the Consumer may modify its content; then, after carefully reviewing the summary, she/he must expressly approve these General Terms and Conditions of Sale, by checking the specific check-box. Finally, by using the “Submit order” key, the Consumer will confirm the order, which will be definitively sent to the Vendor so to produce the effects described in the 3.2 paragraph of this agreement. Also, the Consumer must choose the shipping method and the payment system among those available. If the payment is immediate (concurrent with the purchase) and made by credit card or PayPal, the Consumer will be asked to communicate the necessary data via secure connection. For accounting and administrative purposes, the Vendor reserves the right to verify the personal details provided by the Consumer
5. DELIVERY OF GOODS AND ACCEPTANCE
5.1. The Site indicates the Products availability and the expected delivery time. The Vendor undertakes to do as much as possible to comply with the delivery time indicated on the Site and in any case within 30 (thirty) days from the day the Consumer places her/his order. 5.2. If the order cannot be performed by the Vendor, due to unavailability of the Products, even if temporary, the Vendor will send a written notice to the Consumer and will refund any amount the Consumer will have already paid for the Product Purchase pursuant to paragraph 5.3. If the Consumer chose to pay via bank transfer, the delivery period shall run from receipt of the payment by the Vendor. 5.3. The shipment of the Products ordered by the Consumer will be made by using the shipping system chosen by the Consumer, among those available and indicated on the Site at the time the order was submitted. The Consumer undertakes to promptly check, as soon as possible, that the delivery includes all and only the Products she/he purchased and to promptly inform the Vendor of any defects in the delivered Products or of any differences with respect to the order placed, according to the procedure as in article 8 of these General Terms and Conditions of Sales. Failing that, after 14 (fourteen) days from the delivery, the delivered Products shall be deemed to be accepted. If the packaging and/or the wrapping of the delivered Products are clearly damaged, the Consumer is invited to refuse the delivery by the carrier/forwarding agent or rather to accept it as a “conditional delivery”.
6. PRICES AND COSTS
6.1. The price of any Product is the one indicated on the Site at the time the Customer places the order. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include delivery costs: delivery is free of charge for any order higher than 100 € within the Italian borders; delivery costs for shipments outside the Italian borders are to be calculated before the order confirmation is sent by the Vendor to the Consumer. The Consumer undertakes to pay the Vendor those costs in addition to the price shown on the Site. 6.2. The Consumer will pay the Vendor the total price which will be indicated in her/his order. 6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order is net of any customs duties or any other tax on sales which the Consumer undertakes to pay, if due, in addition to the price indicated in the order, in accordance with the provisions of law of the country where the products will be delivered. The Consumer is invited to look for information on any duties or taxes applicable in her/his country of residence or of destination of the products by consulting the competent institutions and agencies of his/her country of residence. 6.4. Any additional costs, charges, taxes and/or duties that a given country may apply, for any reason, on the Products ordered according to these General Terms and Conditions of Sale, are the sole responsibility of the Customer. 6.5. The Consumer acknowledges that the lack of knowledge of the costs, charges, duties, taxes and/or dues referred to in the preceding paragraphs 6.3. and 6.4. when sending an order to the Vendor, does not constitute grounds for termination of this agreement and that he/she shall not in any way charge these costs to the Vendor.
7.1. The Consumer expressly agrees that performance of the agreement by the Vendor shall run from the moment the payment of the price of the purchased Product/s is/are credited to the Vendor’s current account. 7.2. Payment can be made by credit card or through PayPal, subject to the conditions described below. The Vendor can enable additional payment methods, indicating them in the Site “Payment” section. 7.3. As for online payments by credit card, www.weareshoe.com has chosen Braintree system by PayPal; a fast, comfortable and safe service that meets the safety standards defined by international circuits. Payments are accepted in total security from the following circuits: Currency, Visa, Mastercard, Maestro, American Express, Diners and JCB. For more information about Braintree payment system, visit the website www.braintreepayments.com 7.4. PAYPAL: PayPal is the fast, easy way to make payments in the safest way. By using Paypal, the purchaser’s information are protected, credit card’s data are never transmitted to the online stores. Please visit https://www.paypal.com for further information about the PayPal payment system. 7.5. PAYPAL CREDIT CARD: By using PayPal system www.weareshoe.com can accept payments from the credit card circuits: Visa, Visa Electron, Mastercard, Delta, Solo, Maestro, American Express, JBC. When purchasing by credit cards, the Customer will be directed to the secure PayPal servers, that guarantee the transaction to be accomplished in the safest way. It is not necessary to own a PayPal account to use this option. Please visit www.paypal.com for further information about the PayPal payment system. 7.6. When prescribed by the applicable laws, the vendor will timely transmit the payment receipt to the Customer in digital format via e-mail, to the e-mail address the Customer indicated, plus the fiscal receipt, if the purchased Products are to be delivered within the Italian territory, or attached in paper format in any other case.
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (the Consumer Code), the Vendor warrants that the purchased Products are free of defects, in material and/ or manufacturing and conform as stated in the Website, for a period of 2 (two) years from the date of delivery of the purchased Products. No warranty shall apply if the Product has been subject to misuse, improper washing or mishandling, by not complying with the instructions/warnings on manuals, tags and labels, as well as those provided by the Vendor and/or the Owner. 8.2. Under penalty of invalidation of the warranty, the Consumer has the responsibility to report any defects and lack of conformity within and no later than 2 (two) months after discovery of the defect, by sending an e-mail to the firstname.lastname@example.org e-mail address reporting any defect and/or lack of compliance found and attaching at least 1 (one) photo of the Product and the order confirmation sent by the Vendor. 8.3. Following the Consumer’s communication, the Vendor, eventually assisted by the Owner, will assess the defects or lack of compliance reported by the Consumer and, once completed the quality check, will decide whether to authorise the return of the Products by sending the Consumer a reply via e-mail containing the “Return Code” to the e-mail address provided by the Consumer during the registration process on the Site or during the purchasing process The authorization to return the Products shall in no way constitute recognition of defects or non-compliance, whose existence must be ascertained after the return of the items. The Consumer must return the Products whose return has been authorised by the Vendor, together with a copy of the return authorization communication, within 30 (thirty) days from the notification of the defect or lack of compliance, to the following address: FREE SRL, Via Palatucci 7 (interno 4) – Forlì (FC) 47122 – Italia. 8.4. If the Vendor is required to reimburse the Consumer for the returned Product paid price, the refund will be made, where possible, by the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to provide the Vendor with the bank details for the transfer by sending an e-mail to email@example.com e-mail address and to enable the Vendor to refund the amount due.
9. LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS
9.1. As regards any damage caused by defective Products, the Vendor, in its capacity as the distributor of the products through the Site, is freed of all liability, none excluded and/or excepted, by indicating the name of the relevant Producer of the product.
10. RIGHT OF WITHDRAWAL
10.1. The Consumer may withdraw from the contract concluded in accordance with the Terms of Sales, with no penalty and without reason, within 14 (fourteen) days starting from the day when the Consumer or a third part other than the courier and indicated by the Consumer acquires physical possession of the Products to be returned. 10.2. To exercise the right of withdrawal, the Consumer must inform the Vendor by explicitly notifying her/his decision in writing (i.e., by mail, by fax or by sending an e-mail to the firstname.lastname@example.org), within the aforementioned period of time. Alternatively, the Consumer can fill and forward the Vendor the form on the Website. then The Vendor will immediately send a confirmation of receipt of the withdrawal notification, so to authorize the return of the Products. 10.3. If the Products have not been shipped to the Customer yet, the right of withdrawal will be considered exercised as soon as the Vendor receives the aforementioned withdrawal notification. 10.4. If the products have already been shipped to the Customer, after receiving the withdrawal notification, the Vendor will transmit the Return Code to the Customer by e-mail. Within the following 14 (fourteen) days, the Customer must return the Products to the Vendor, by shipping or delivering them to FREE SRL, VIA PALATUCCI 7 (interno 4), 47122 FORLI’ (FC), ITALIA, clearly stating the Return Code. 10.5. It is implicitly understood that the risks and shipping/delivering costs related to the Products’ return will be at Customer’s charge. 10.6. In order for the right of withdrawal to be properly exercised, Products must be shipped or delivered to the Vendor undamaged: that is to say, they must not have been used, worn, washed or altered in any way; where present, the original tag must be attached to the Product; the Products must be returned in their original packaging and they must be sent to the Vendor in a single shipment. Preferably, original packages should be wrapped in an additional protective packaging so to preserve Products’ integrity and to protect them from writings or tags to be directly applied on them. The Consumer will be also held responsible for any decrease in value of the Products resulting from a different manipulation than necessary to establish the nature, characteristics and functioning of the products themselves. 10.7. The Vendor will take delivery of the returned Products, reserving the right to verify their condition to be as described in in chapter 10.6. 10.8. If the right of withdrawal is correctly exercised by the Consumer within the terms and accordingly to the procedures as previously described, the Vendor will refund the Consumer all the payments she/he made related to the purchase of the returned products, including shipping costs (except the extra cost eventually due to the Consumer’s choice to use a more expensive shipping system than the one suggested by the Vendor). However, the Vendor has the right to withhold the refund until the returned Products will be delivered (and their condition checked), or until the Consumer will provide proof of the shipment of the Products, depending which event occurs first. In any case, returned products’ delivery costs will be on Customer’s charge, included the shipment expenses, any duties and other taxes to be applied. 10.9. Whenever possible, the above mentioned reimbursement will be processed by using the same payment system the Customer used to purchase the Products to be returned or by credit transfer to the Customer’s bank account; the Customer shall communicate her/his bank account data to the Vendor via e-mail to the email@example.com address, so to enable the Vendor to proceed to the reimbursement of the due amount by credit transfer. If the Customer paid the Products to be returned by credit card, the aforementioned reimbursement will be executed within the terms indicated, on the credit card used by the Consumer for the payment. If the Customer paid the Products to be returned by PayPal, the aforementioned reimbursement will be executed within the terms indicated, on the account used by the Consumer for the payment.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. The Consumer declares she/he is aware that all trademarks, names, as well as any distinctive sign, brand name, image, photo, written text or chart used on the Site or related to the Products are and shall remain the exclusive property of the Owner and/or the VENDOR or its assignees, and that the access to the Site and/or the purchase of Products does not give no rise to any rights thereon for the Consumer. 11.2. The contents of the Site may not be reproduced, either entirely or partially, transferred using electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner.
13.1. The Vendor will take measures to prevent loss, falsification, manipulation and unauthorised use of the its Customers by third parties; however, on account of the characteristics and technical limitations relating to the protection of electronic communications over the Internet, the Vendor cannot guarantee that any information or data viewed by the Consumer on the Site, even after the Consumer completed the authentication (login) process, is not accessible or disclosed to non-agent third parties. 13.2. The Vendor, as to payments by credit card, avails itself of the services of the PAYPAL company which uses technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality when transmitting data on the web.
14. GOVERNING LAW AND JURISDICTION
14.1. Every sale agreement entered into by the Vendor and the Consumer pursuant to these general terms and conditions of sale shall be governed by and construed in accordance with Italian laws. 14.2. In the event of any dispute between the Vendor and the Consumer, we hereby guarantee our will to settle that dispute by trying to reach a friendly conciliation at the Arbitration Chamber of the FORLÌ CESENA Chamber of Commerce, so to reach a friendly and mutually satisfying agreement with the help of a neutral and competent conciliator 14.3 If attempt at conciliation as described in paragraph 14.2 is not accepted, or such attempt result in a negative outcome, the dispute shall be referred exclusively to the Court of Forlì (FC), except this option cannot apply because of mandatory law in force in the Consumer’s country of residence.